Businesses have a major need to assess their own cybersecurity risks, and to openly exchange internal information within the company to effectively address and mitigate an actual breach situation. One of the most important things to do is to regularly conduct an investigation to understand what the business’ cybersecurity defense weaknesses and vulnerabilities may be. Critical to any counsel working to prevent a cyber-attack or respond to a successful cyber intrusion is an understanding why and how to properly utilize both attorney-client and work-product privilege.

The overriding principle of using privilege is straightforward: to protect your organizations investigation and breach response efforts from usage by third parties or regulatory agencies in litigation arising from a breach.

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